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When a person dies intestate, the Administration Act 1969 determines how that persons estate is to be distributed and what portion is held subject to statutory trusts. In Public Trust v Berry O’Gorman J considers the appropriate structure for managing the residue of the estate in question following the completion of administrative functions. The alternatives … Continue reading
Robson v Robson helpfully outlines the process to follow when an executor has neglected to prove a will. In this case the named executor did not apply for probate, or renounce. No reasons were given. The substitute executor’s solicitors wrote to the executor when more than six months had elapsed inviting the named executor to … Continue reading
The decisions in Francis v Fishbowl Trustee Stanley Limited both include applications for leave to commence proceedings by originating application. In Francis v Fishbowl, where the substantive proceedings relate to the appointment of a receiver under section 138 of the Trusts Act 2019 the application was not granted. The background to this matter is expressed … Continue reading
AB and BB v CB, DB and EB relates to an application for rectification of a trust deed to remove the requirement for an independent trustee in circumstances where the original trustees were the settlors and a solicitor who was related by marriage. The settlors were of the view that the strict requirement for independence … Continue reading
In Estate of MTMW Pepere Boldt J declined to validate a transcript of two videos as a valid will. Boldt J noted that the deceased was plainly unwell and that it would have been impractical to draft and execute a formal will. Boldt J recorded at [8] that a “… transcript of a video recording … Continue reading
The question posed by the court in An application by Hoglie Trustees Limited as trustee of the Larry Robertson Family Trust was whether the Larry Robertson Family Trust (the Trust) was void from inception due to lack of certainty as to the Trust’s objects. Relevantly section 15 of the Trusts Act 2019 provide that: As … Continue reading
Innes v Darlow relates to an application for an order referring the parties to mediation pursuant to section 145 of the Trusts Act 2019. The background of the matter is set out at [13] as follows: “The plaintiff alleges that [her parents] (who were two of the three trustees of the Trust) agreed, promised or … Continue reading
In Trustees Executors Limited v Poppe, Walker J explores the variation of a will against a background of a challenge as to capacity and an allegation of undue influence. There are two wills in question, one made in 2016 and one made in 2019. The primary difference is that the 2019 will provides that a … Continue reading
Sherwin v JKA Holdings Limited & Ors relates to the Douglas Hilton Family Trust (the Trust), which was settled in 1985 by Dr Douglas Sherwin’s mother on terms that infer that Dr Sherwin, who was the source of the trust’s economic wealth, was the true settlor. This is addressed by Becroft J at [15] as … Continue reading
Rawson v Prescott, which relates to an unsuccessful application for summary judgment on a claim for vacant possession of trust property raises more questions than it answers. The key issue relates to whether trustees are bound to an agreement for the purposes of section 21 of the Property (Relationships) Act 1976, that the trustees were … Continue reading
Matters of Trust 